Executory Limitation - Law Dictionary Search Results
Executory limitation
Matched in: Term Executory limitation
executory limitation
Matched in: Term executory limitation
Executory devise
Matched in: Term Executory devise
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Remainder
former, case is called the particular estate.' Remainders are of three kinds:-(1) vested of executed; (2) contingent or executory; and (3) cross. The seven following rules affecting the remainders should be observed:- (1) There must be a … not strictly and technically in chattels real and personal, although these may be limited over after a previous limitation or a partial interest in them. It may be limited by way of use (which is, in practice,
Trust
thus:- (I.) Express, or defined by words; divided into- (a) Trusts executed, perfect, complete, or constituted. (b) Trusts executory, imperfect, incomplete, or directory. (II.) Arising by operation of law, such as (a) Constructive, which arise when property … give, having regard as a rule to the technical terms of the Common or Statutory Law in the limitations of legal estate. Before 1926 an equitable entail would in the case of an executory document or a
Perpetuity
and thereby the gift to that beneficiary or class or any member thereof or any gift over, remainder, executory limitation or trust arising on the partial or total failure of the original gift is, or but for this … the will, settlement or other instrument shall take effect for the purposes of such gift, gift over, remainder, executory limitation, or trust as if the vesting or ascertainment aforesaid had been made to depend on the beneficiary or
Contingent remainder
the contingent remainder had originally been created as a springing or shifting use or executory devise or other executory limitation. Contingent remainders are subject to the rule against perpetuities [Re Ashforth, (1905) 1 Ch 535]. Before the Act
Tail
as those by which before 1926 a similar estate-tail could have been created by deed not being an executory instrument in freehold land [see s. 60 (4) (b) and (c) of the (English) L.P. Act, 1925, reproducing … the curtesy if the Law of Property Act, 1925, had not been passed [s. 130 (4) (ibid.)] The limitation of an estate so that it can be inherited only by the fee owner's issue or class of
Executory uses
Matched in: Term Executory uses
Settled land
of 1882, as exten-ded by s. 20, 1925, such as tenants in tail, tenants in fee-simple subject to executory limitations over, and more particularly to an estate owner of land subject to family charges, and a married … could transfer either of these if settled entirely to a purchaser for value without being affected by the limitations and trusts of the settlement. To effect this, the entire legal estate comprised in the settlement is now
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